Lawyers for the defendants argue the statute of limitations has passed and the suit is no longer valid.
Lawyers for the school are also looking to delay turning over documents including employment records, policies on suspected abuse and minutes of meetings in which allegations of sexual misconduct were discussed, until a judge made a ruling in the case.
Fischer and we are reviewing it,” said Joe Kohn, archdiocese spokesman.
Oakland County chief assistant prosecuting attorney Paul Walton said it was “never a question of the veracity” of “Jane Doe’s” complaints, but rather several problems in prosecuting the allegations.“After so much time had passed there were problems of the alleged victim being able to provide specific dates and locations of offenses,” he said.
“There were indications that some involvement possibly extended into July — when she had graduated and was out of school — when there would not have been any issue of a teacher-student relation which violates law.”In Michigan, the age of consent is 16 years old but extends to 17 if the sexual partner is a teacher, school employee or other authority figure.
“Jane Doe” said she was so ashamed she had never told anyone of the alleged sexual misconduct.
She is now suing the school, Fischer, school officials and the Archdiocese of Detroit claiming her grades suffered during the abuse, she was left traumatized and has with trouble trusting authority figures and future romantic partners.
Fischer’s attorney, Marie Garian, also did not return phone calls or emails.